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HTMLWhat Do Employers Need to Know in the Wake of the Latest Data Breach?
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 25, 2015, previously published on December 22, 2014
Sony Pictures Entertainment, Inc. is the latest high-profile business victim of data theft. The consequences have been significant. In response to threats of violence, Sony has reconsidered its range of options for the release and distribution of its feature film The Interview. Also last week,...

 

HTMLTennessee OSHA Adopts new Federal Rules on Injury Reporting
William Rutchow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 25, 2015, previously published on December 22, 2014
In a recent blog post, John Martin, a shareholder in Washington, D.C. and a member of the firm’s Workplace Safety and Health Practice Group, discussed the federal Occupational Safety and Health Administration’s (OSHA) announcement of a new rule that significantly changes an...

 

HTMLDOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment
Andrew Drozdowski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay obligations to a laid-off employee cease under the...

 

HTMLMissouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 27, 2015
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...

 

HTMLCalifornia Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...

 

HTMLEmployer May Obtain Judicial Review of California Unemployment Insurance Appeals Board Decision
Jennifer L. Santa Maria; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, No. B248641 (December 5, 2014): A California Court of Appeal recently reversed a trial court’s dismissal of a writ of mandate. The court found that an employer may obtain judicial review of...

 

HTMLCalifornia School Teacher’s Claim That She Was Fired Due to a Computer Error Proceeds
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a teacher who claimed that she was fired while on disability leave as a...

 

HTMLThe Price is Wrong: California Court OKs a New Trial in Game Show Model’s Pregnancy Bias Case
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game show model who was not rehired by the show after giving birth and who...

 

HTMLExotic Dancers’ Class Action Employment Suit Stays Alive in California
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Salazar v. Victory Entertainment, Inc., No. B249888 (December 15, 2014): In a recent decision, a California Court of Appeal revived a class action lawsuit brought by a group of exotic dancers who claimed that they were misclassified as independent contractors. The three-judge panel reversed a trial...

 

HTMLTwo California Appellate Decisions Expand the Scope of Tameny Claims Based on Whistleblower Laws
Ameneh K. Ernst, Spencer C. Skeen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 30, 2014
Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of public policy.

 


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